The Special Educational Needs and Disability Act

2001

The Special Educational Needs and Disability Act

2001

•Amends the Disability Discrimination Act 1995•Becomes Part IV of the Act•Implemented from 2002

DDA (1995) - who is disabled?

According to the Act an adult or child is disabled if:

he or she has a physical or mental impairment that has an effect

that has a:• substantial• adverse; and• long term (lasting or expected to last for at least a year)

on his or her ability to carry out ‘normal’ day to day activities

DDA Part IV:(Education)

Coverage

• All higher and further education sector institutions

• other ‘designated’ institutions

• LEA and education authority post-16 provision

DDA Part IV:(Education)

Who is responsible?

Governing body

Responsible for whom?

Employees and agents

DDA Part IV:Discrimination is:

• treating someone less favourably than someone else for a reason related to his/her disability without justification

• failing to make a reasonable adjustment

DDA Part IV

Unlawful to discriminate in• admissions & enrolment and

arrangements or terms for admissions/enrolments

• provision of ‘student services’ (education and training) or ‘services’

• exclusions

DDA Part IV

‘Student Services’ might include:• teaching: lectures, seminars, tutorials etc• examinations and assessments• field trips• arranging study abroad or work placements• research• informal study skill sessions• evening adult education or short courses• training• distance and e-learning• classrooms, lecture theatres, laboratories, studios, dark rooms• laboratory equipment, computer facilities, class handouts etc• libraries, learning and information centres Contd….

DDA Part IV

‘Student Services’ might include:• job references

• job shops

• graduation certificate ceremonies

• leisure, entertainment and sports facilities

• the physical environment

• chaplaincies and prayer areas

• health, counselling and welfare services

• catering

• car parking

• residential accommodation

• accommodation finding services

DDA Part III

• Catering facilities• sports facilities (when not being used as part of a course such as sports

science)• parking policies• careers services• counselling services• financial and other advisory services• accommodation finding services• chaplaincies• health centres• residential accommodation• student unions and their facilities• disabled students services

DDA Part IV Disclosure and less favourable treatment

• lack of disclosure

• reasonable steps to find out

• disclosed to whom?

DDA Part IV

Justifications:

• academic standards

• standards of a ‘prescribed kind’

• ‘prescribed’ kinds of treatment

• material and substantial

DDA Part IV

Must take reasonable steps to ensure students are not placed at a ‘substantial’

disadvantage

DDA Part IV

Adjustments to -• premises• course content, including work placements• teaching arrangements• additional teaching• communication support or services• materials and information in alternative formats• staff training• policies• transport to and from further education• employing support workers

DDA Part IV

Issues affecting adjustments:

1. Anticipatory

• a duty owed to disabled people and students at large

• not simply to individuals

DDA Part IV:

Issues affecting adjustments:

2. Disclosure

• if institutions did not and could not reasonably have know about disability

DDA Part IV:

Issues affecting adjustments:

3. Confidentiality

• adjustment must be consistent with any request for confidentiality

DDA Part IV

Criteria for judging ‘reasonable’• Academic standards• financial resources• grants/loans• cost• practicality• other aids or services available• health and safety• relevant interests of other people including other

students

DDA Part IV

Implementation Sept 2002

Auxiliary aids & services Sept 2003

Physical features Sept 2005

Code of Practice March 2002

DDA Part IV

Conciliation (DRC)

County/Sheriff Court

• compensation

• injunction/interdict

• declaration of rights and/or responsibilities